AUDET LAW BLOGS

Class action lawsuits represent one of the last and most powerful means of reigning in corporate wrongdoing. Our blog presents information on current and past class actions, as well as noteworthy developments in major class action litigation throughout the United States. To learn more about any of the lawsuits mentioned in our Blog and receive a free, confidential case evaluation from one of our experienced class action attorneys, please complete and submit an inquiry form here or give us a call at (800) 965-1461.

What is a Whistleblower? A whistleblower is a person, usually an employee, who reports the illegal practices or misconduct of an individual, company or even a government contractor. There can be both internal and external whistleblowers. For example, an employee could report the misconduct of a co-worker to their supervisor or they could report the company to an outside entity, such as the media, a watchdog organization or a government agency. It is important to note that a...

Audet & Partners, LLP reports that a New York consumer has launched a class action lawsuit in the U.S. District Court for the Southern District of New York against Rite Aid Corp. alleging violations of the Telephone Consumer Protection Act ("TCPA"). In the lawsuit seeking class action certification, lead plaintiff Robert Zani has alleged that Rite Aid placed pre-recorded, unauthorized calls to the cell phones a nationwide class of consumers seeking to market its products and services including flu...

Audet & Partners, LLP reports that Wells Fargo NA has agreed to pay $14.5 million to settle class action claims that the bank illegally called customers on their cell phones in the process of debt collection. Lead plaintiff Lillian Franklin had brought the lawsuit against Wells Fargo in August 2014 alleging violations of the Telephone Consumer Protection Act ("TCPA"). The lawsuit, filed in the U.S. District Court for the Southern District of California claimed that Wells Fargo had...

Audet & Partners, LLP reports that C.R. Bard, Inc., a major transvaginal mesh manufacturer and defendant in transvaginal mesh lawsuits, has argued against consolidation of the mesh litigation. In a West Virginia federal court, Bard argued against consolidation in multidistrict litigation (MDL) fearing that such consolidation would paint a picture among juries that "something must be wrong" with Bard's pelvic mesh product. Arguing in favor of consolidation, attorneys representing women injured by transvaginal mesh implants have argued that...

Audet & Partners, LLP reports that the U.S. Securities and Exchange Commission ("SEC") has released its report on whistleblower complaints for Fiscal Year 2014 which ended on September 30, 2014. The Report stated that the SEC received 3,620 tips from whistleblowers in 2014, an increase from 3,238 in fiscal 2013. Perhaps most interesting is the growth in whistleblower complaints reported from outside the United States including 70 tips from the United Kingdom (up 6% from 2013), 69 tips...

Audet & Partners, LLP has obtained a favorable ruling against Apple in a lawsuit claiming that Apple violated federal law by intercepting text messages sent to former iMessage users who switched to Android or other non-Apple devices. In the U.S. District Court for the Northern District of California, Judge Lucy Koh denied Apple's Motion to Dismiss claims alleging violations of the federal Wiretap Act. In so doing, Judge Koh held that although iMessage users may have given consent...

Audet & Partners, LLP reports that a number of major financial institutions have been sued based on allegations that they illegally conspired to artificially inflate the price of silver. Deutsche Bank AG, Bank of Nova Scotia, and HSBC Plc are alleged by experienced commodities traders to have colluded to fix the price of silver futures to ensure high returns as part of the London Silver Market Fixing Ltd. The London Market has fixed the price of physical silver...

Audet & Partners, LLP reports that a recent ruling by the Ninth Circuit Court of Appeals holding truck drivers to be employees rather than independent contractors of Affinity Logistics Corp. has been appealed to the U.S Supreme Court. In June, the Ninth Circuit held that delivery drivers had been improperly classified by Affinity as independent contractors based primarily on the degree of control that Affinity maintained over the drivers' working conditions. The Affinity case was originally filed in...

Audet & Partners, LLP reports that a new opinion issued by a California appellate court has revived employment claims brought by a workers under the California Private Attorneys General Act ("PAGA") despite the fact that the worker had signed a mandatory arbitration agreement in connection with her employment. Reyna Marie Ybarra v. Apartment and Investment Management Co., case number B245901, in the Court of Appeal of the State of California, Second Appellate District. Ms. Ybarra had brought a lawsuit...

Audet & Partners, LLP reports that Gov. Jerry Brown of California has signed into law Assembly Bill 1897 that now makes most companies with 25 or more employees strictly liable for specific violations related to compensation, workers' compensation, and occupational health and safety mandates that impact contractors. The new California law, to become effective on January 1, 2015, protects contractors by imposing statutory liability on companies in the following general areas: • Payment of wages to the contractor's...

The Oakland Raiders franchise of the National Football League has averted a class action lawsuit brought on behalf of approximately 90 cheerleaders who worked for the team between 2010 and 2013. The class action lawsuit, which originally had been brought by lead plaintiff and Raiderette “Lacy T,” alleged that during the class period, each of the Raiderettes were paid $1,250 for an entire season which allegedly amounted to $5.00 an hour for job-related responsibilities that included rehearsals, performances,...

In what is coming to be referred to as "wage theft," the New York Times is reporting on an escalating number of class action lawsuits brought on behalf of employees of major U.S. companies to recover wages lost as a result of state and federal employment law violations. Employment laws and regulations in California and other states, as well as federal law, set forth specific guidelines that must be followed by employers with regard to employee wages and working...

Audet & Partners, LLP reports that on June 23, 2014, the California Supreme Court upheld the enforceability of mandatory arbitration clauses in employment contracts that, in most cases, effectively deprive employees of the right to bring class action lawsuits against their employers for legal violations in the workplace. The case, Iskanian v. CLS Transportation Los Angeles, LLC, No. S204032, overturned earlier opinions that had held the arbitration clauses to be unenforceable. The Court in Iskanian, however, carved out one...

San Francisco MUNI bus and train drivers suing the public transit agency for overtime violations are seeking class action certification. The group of current and former train operators who have joined in the suit has already reached some 2,000+ drivers. The basis of their purported class action lawsuit is that MUNI drivers are not paid for various time spent on the job in violation of the federal Fair Labor Standards Act and related California labor laws. No Pay...

McDonald’s is facing class action lawsuits in multiple states over wage and hour violations from potentially thousands of current and former employees. The employee lawsuits, filed to date in Michigan, New York California, are part of a nationwide movement to increase the minimum wage at the fast-food restaurant chain to $15 per hour. The New York Times reported on the campaign to raise fast-food minimum wages earlier this week, with a total of seven lawsuits having been filed...

Several homeowners involved in the class-action lawsuit against JP Morgan Chase and Assurant Inc. over force-placed mortgage insurance policies have objected to the proposed $300M settlement on grounds that the settlement is unfair. JPMorgan Chase and Assurant Inc. previously agreed to a $300 million settlement to resolve the class-action lawsuit brought by millions of homeowners who claimed they were unfairly overcharged for “force-placed” mortgage insurance. Chase apparently made nearly $600 million in additional profits by earning questionable “commissions”...

A proposed class action lawsuit against J.C. Penny Co. Inc. over spam text messages will continue after a California federal judge rejected J.C. Penny’s attempt to use an offer of judgment to moot the lawsuit. Plaintiff Tracy Maier sued J.C. Penny Co. in January 2013 for violations of the Telephone Consumer Protection Act (TCPA). Maier had received unsolicited text messages from the retailer after signing up for J.C. Penney’s online rewards program and providing her cellphone number in...

Underreporting of da Vinci robotic surgeries may be contributing to increased incidence of injury to patients who elect the robotic procedures lacking an accurate understanding of inherent risks. Bloomberg recently published an unsettling news story recently about a 45-year old woman, Sheena Wilson, who underwent da Vinci robotic surgery for a hysterectomy believing it to be safe only to awake from the surgery with serious injuries leaving her disabled. As reported by Bloomberg, Ms. Wilson said if she...

A federal court in Pennsylvania has ruled that an Ohio-homeowner could not bring a national class action lawsuit over force-placed insurance in Pennsylvania. Plaintiff Xi Chen Lauren brought suit against an Assurant Inc. subsidiary for working with PNC Bank to force homeowners into unwanted and unnecessary homeowners insurance. Lauren accused PNC Bank and the Assurance subsidiary of colluding to unjustly enrich themselves at the expense of borrowers by receiving “kickback”-style commissions on the insurance that was force-placed on...

Target Knew of Data Breach Risks Since 2007 Alleges Class Action Lawsuit Following last month’s massive data breach, Target faces a new class action lawsuit alleging the retail giant has known since 2007 that its point-of-sale system was vulnerable to a cyber attack, but chose not to take proper steps to update its systems and protect its customers. Class Action Lawsuit - Target Ignored Expert Security Warnings Back in 2007 The class action complaint, filed in the U.S....

A ruling by the U.S. Court of Appeals for the Second Circuit may precipitate a flood of new class action lawsuits under the Telephone Consumer Protection Act (“TCPA”). The appeals court ruled that the TCPA preempts New York state law banning class actions based on statutory damages. (See Bank v. Independence Energy Grp. LLC, (2d Cir. Dec. 3, 2013). Litigation under the TCPA has grown considerably in recent years in part due to rising consumer complaints about spam text...

According to recently filed court documents, Johnson & Johnson officials systematically destroyed or lost documents relating to its vaginal mesh implants despite having been ordered to preserve that evidence. Bloomberg.com reported* the alleged document destruction in early December 2013 after court documents were filed by the attorneys representing women who have sued Johnson & Johnson over injuries associated with the transvaginal mesh devices. Destruction of critical evidence may potentially hinder the prosecution of valid transvaginal mesh claims by...

An Oregon jury awarded $100,000 to a woman who suffered injuries allegedly tied to da Vinci robotic gynecological surgery. Michelle Elsey was unaware of the seriousness of her injuries until a CT scan years later revealed that several foreign objects had been left in her pelvis after a malfunction of the da Vinci robotics during her prior surgery. Da Vinci Robotics and Medical Malpractice In 2007, Mrs. Elsey complained of pelvic pain and sought treatment from Dr. Daniel...

In its continuing effort to safeguard expenditures of taxpayer dollars, the United States Justice Department has reported a 2013 recovery of $3.8 billion in settlements and judgments resolving a myriad of whistleblower lawsuits and False Claims Act cases.* Cases involving health care fraud comprised more than one-half of the total reported recovery, or $2.6 million. The bulk of health care whistleblower and False Claims Act lawsuits involved Medicare and Medicaid fraud. Especially evident within this group of cases...

On December 8, 2013 consumer advocate Ralph Nader sent a scathing letter to Dollar General CEO Richard Dreiling. In his letter, Nader compares the salary of sales associates and cashiers ($8/hour) in Goodlettsville Tennessee, to that of the estimated living wage in the area ($9.76/hour) and then to Mr. Dreiling’s salary ($1,690/hour). Nader concluded that such disparity “ensures that [Dreiling] earn[s] more in one ten-hour workday than many of [his] ‘associates’ do in a year of work.” Nader...

Robotic surgery has been marketed to patients as a safer way to go under-the-knife than more conventional surgeries. However, the rising number of deaths and serious injuries linked to the robotic systems is not only fueling patient lawsuits, but putting the pressure on hospitals to better train doctors in the use of these devices. The “da Vinci” Surgical System is a sophisticated robotic platform designed to allow surgeons to make fewer, smaller, and more precise incisions when performing...

JPMorgan Chase and Assurant Inc. recently agreed to a $300 million settlement to resolve a class-action lawsuit filed in 2012 alleging homeowners were overcharged for controversial “forced-placed” mortgage insurance while Chase reaped millions in “kickback” style commissions that inflated the polices’ prices. What is forced-place insurance? All mortgages require borrowers to maintain adequate homeowners insurance on their properties so that the lender’s interest is protected. Typical mortgage agreements provide that if the homeowner’s policy lapses, or is deemed...

A new whitepaper has recently been issued discussing the pros and cons of robotic surgery using the da Vinci surgical robot.* The author of the whitepaper, Hospital Administration Experts Arthur Shorr and Associates, claims to be among the nation’s leading authorities on the da Vinci surgical robot.** With regard to the benefits of the da Vinci surgical robot, Shorr explains that having a robot and using it in surgery increases a hospital’s competitive advantage.* Some of the first...

The da Vinci surgical robot has been lauded by many because of its use in many minimally invasive procedures, including but not limited to, hysterectomies and prostatectomies. Compared to traditional open surgeries, robotically-assisted surgeries can be less invasive, which leads to an overall faster healing process and, sometimes, less discomfort. In an open prostate removal surgery, the physician would make an incision below the belly button.* Later, the surgeries began to be performed laparoscopically, where the surgeon would...

Intuitive Surgical continues to remain the subject of much discussion because of injuries caused by the da Vinci Robotic Surgery System and its component parts. Of particular concern have been the burns and electrocutions that have seriously injured patients undergoing surgery with the assistance of the robot and its tools. Such burns have resulted in organ damage, infection, and severe bleeding, among other complications. Risk of electrocution and tissue burns are not the only ways in which patients...

Intuitive Surgical has suffered quite a bit of negative publicity recently due to the problems with its da Vinci robotic surgery system and its component parts. Indeed, Intuitive Surgical even recalled its surgical shears in recent months when it came to light that there may have been a risk of serious injury to patients undergoing robotic surgery due to the risk of electrocution and tissue burns. Additionally, there have been instances in which doctors have been inadequately prepared...

Intuitive Surgical, the maker of the daVinci surgical robot, has found itself in new hot water recently. In addition to the multitude of lawsuits and at least one recall of its surgical shears, the medical device company was recently investigated by the United States Food and Drug Administration (FDA).* Intuitive Surgical claims that it has taken the FDA investigative report very seriously and has “implemented corrective actions.”** The FDA investigation comes in the wake of a 34% increase...

A federal judge will soon hear the first of four test lawsuits involving Bard Avaulta vaginal mesh.* In March, the Bard Avaulta plaintiffs involved in the federal multi-district litigation in the Southern District of West Virginia (Charleston) filed a motion requesting that the court either allow the three cases to be consolidated into one single trial heard by a sole jury, or in the alternative, to allow three distinct juries to hear the same evidence presented at one...

Medical checklists have been the subject of much discussion in recent years. One need only look to books such as “The Checklist Manifesto” by Dr. Atul Gawande or “Safe Patients, Smart Hospitals: How One Doctor's Checklist Can Help Us Change Health Care from the Inside Out” by Dr. Peter Provonost and Eric Vohr. These checklists have grown in importance in light of problems with medical devices such as the da Vinci surgical robot and its component parts. In...

Da Vinci robot trials alleging defects in the robotic machinery manufactured by Intuitive Surgical, Inc. remain very much alive despite last week's defense verdict in a trial alleging inadequate training of a Washington State surgeon whose da Vinci surgery allegedly contributed to the death of a morbidly obese patient. As reported last week, Intuitive Surgical, the maker of the da Vinci surgical robot was exonerated by a Washington State jury which found that the medical device manufacturer was not...

The United States Department of Justice has announced its intent to make itself a party in a qui tam whistleblower lawsuit against the pharmaceutical manufacturer Novartis.* A qui tam lawsuit is filed by a whistleblower acting on behalf of the government against an organization allegedly engaged in fraudulent conduct. In certain cases, rather than allowing a whistleblower to proceed on its behalf, the Department of Justice will intervene in the case itself. Put another way, the government will...

In recent months, there have been numerous reports of injuries caused by the da Vinci Robotic Surgery System and its component parts. Of particular concern are the burns and electrocutions that have seriously injured patients undergoing surgery with the assistance of the robot.* Such burns can result in organ damage, infection, and severe bleeding, among other complications.* There have been two principal causes of the surgical injuries. One cause has been physician error.* Physicians may electrocute a patient...

On May 8, 2013, Intuitive Surgical, the manufacturer of the da Vinci surgical robot, issued an urgent medical device notification and also advised the Food and Drug Administration (FDA) of a problem with one of the surgical robot’s instruments.* The document issued by the company warned that the Hot Shears™ Monopolar Curved Scissors may develop “micro-cracks,” which “may create a pathway for electrosurgical energy to leak to tissue during use.”* This leaked energy could potentially burn patients undergoing...

As of January 2013, 2,585 da Vinci Surgical Systems are being used in 2,025 hospitals worldwide, according to a report from Intuitive Surgical, Inc., the manufacturer of the robot.1 Last year 367,000 surgeries were performed using the robot, which compared to the 114,000 surgeries performed in 2008, provides a testament to Intuitive’s marketing success.2 While the minimal training provided by Intuitive is a continued topic of controversy, their marketing methods are also being questioned. “Many U.S. hospitals promote...

Depakote (divalproex sodium), a valproate product1 and Topamax (topiramate)2 are prescription drugs primarily prescribed for treating seizures, although both drugs are also used to treat migraine headaches, and Depakote is also used to treat bipolar disorder. Various worldwide studies have been conducted regarding the risk of birth defects associated with the use of these medications by women during pregnancy. The North American AED Pregnancy Registry was established in 1996 to study these risks, specifically focusing on Depakote and other valproate...

As lawsuits related to injuries allegedly resulting from inadequate surgeon training on the da Vinci Surgical Robot System continue to surface, Mimic Technologies, Inc., a Seattle-based company has seized the opportunity to provide surgeons with a simulator called the dV-Trainer, which allows surgeons to sharpen their robotic surgery skills in a virtual environment simulating robotic surgery. Since the FDA has yet to establish specific guidelines regarding a specific threshold of training that a surgeon must undergo prior to...

Intuitive Surgical Inc. is confronting new allegations that it failed to provide adequate training for physicians using its da Vinci surgical robot, and may have encouraged less training, thereby increasing the risks to patients undergoing robotic surgery. No strict training guidelines or requirements currently exist that govern a physician use of the robot on a live patient. The amount and depth of training is currently left within the purview of individual doctors and/or hospitals. Undisclosed personnel from Wentworth-Douglass...

Related to lawsuits filed against Fresenius Medical Care in connection with its dialysis products GranuFlo and NaturaLyte, lawsuits are now being filed against the dialysis treatment center, Da Vita Healthcare, in connection with their administration of GranuFlo and NaturaLyte. GranuFlo and NaturaLyte are drugs used in hemodialysis to treat patients suffering from kidney disease and/or failure. The products were recalled by the FDA in March 2012 mandating revisisons to prescribing instructions to include the health risks connected with...

Intuitive Surgical Inc. is confronting new allegations that it failed to provide adequate training for physicians using its da Vinci surgical robot, and may have encouraged less training, thereby increasing the risks to patients undergoing robotic surgery. No strict training guidelines or requirements currently exist that govern a physician use of the robot on a live patient. The amount and depth of training is currently left within the purview of individual doctors and/or hospitals. Undisclosed personnel from Wentworth-Douglass...

Plaintiffs recently won a significant victory in the pending anti-trust lawsuit brought against the NCAA, Collegiate Licensing Company and EA Sports when a federal judge rejected the NCCA’s early challenge to the litigation proceeding as a class action. The lawsuit seeks damages for use by the NCAA, its sports’ marketing company and EA sports for the use of college athletes’ likenesses, images and names on television and in video games. While the ruling did not authorize certification as...

Hospitals across the U.S. are increasingly relying on robotic surgery to perform hysterectomies and other surgical procedures, including cardiovascular, gallbladder, and prostate surgeries. Intuitive Surgical Inc., which manufacturers the da Vinci Surgical System used in robotic surgery, has heavily marketed the medical device to not just hospitals but also consumers. Hospitals that invest in the daVinci robotic surgery medical device may feel economic pressure to perform enough surgeries to recoup their investment. Substantiating findings by Audet and Partners,...

In the first jury verdict to rule on whether Johnson & Johnson (J&J)’s Ethicon unit failed to properly warn of the risks of the vaginal mesh implant, Linda Gross, a 47 year-old South Dakota nurse, today was awarded $3.35 million after having required eighteen (18) surgeries to correct problems experienced after a transvaginal mesh implant. In the verdict handed down in Atlantic City, New Jersey, jurors ruled that the company failed to warn the implanting surgeon of the...

The amount of money a pharmaceutical spends on advertising its products doesn’t necessarily mean its products are safe. For example, drug giant Bayer, the maker of the Mirena IUD, has spent millions of dollars advertising its Mirena IUD contraceptive through TV and social media ads. The advertising apparently works – Mirena IUD sales reportedly topped $700 million in 2010. At the same time, women who have suffered serious complications after using the Mirena IUD including uterine perforation,...

At Audet and Partners, LLP, we are currently investigating potential lawsuits on behalf of women who have suffered complications from the Mirena IUD (Intra-Uterine Device). Sadly, there have been cases linking the Mirena IUD to miscarriage and infertility. Now women across the United States who have suffered adverse complications after using the device are now speaking out. Mirena IUD Serious Injuries Serious complications have been linked to the Mirena IUD including: Infection Uterine Perforation Ectopic Pregnancy Miscarriage...

Recently the 8th U.S. Circuit Court of Appeals decertified the Domino’s Pizza Drivers class action lawsuit brought by 1,600 delivery drivers against the company for wrongfully denying them tips in violation of the Minnesota Fair Labor Standards Act. We are currently evaluating claims by hospitality workers, such as Domino’s Pizza delivery drivers, who have had gratuities wrongfully withheld from them. Workers may have the right to bring a class action lawsuit for violation of wage and hour laws...

If you or your child have or have had a Facebook account and a Facebook Sponsored Story featured your or your child’s name or profile picture, you or your child may be entitled to up to $10 by virtue of a new class action settlement. Given the public interest in this case, our class action law firm has provided answers to some of the most common questions about the settlement below. Sponsored Stories is one of Facebook’s advertising...

Over the past decade, the stock value of Intuitive Surgical, Inc. has grown more than twenty-fold, primarily on the strength of sales of its da Vinci robotic surgical system to hospitals and medical offices. The backbone of Intuitive's marketing strategy for the da Vinci surgical robot includes a flood of stern warnings to doctors that failing to adopt higher technology practices will result in loss of patients from this point forward to doctors adopting this robotic technology. Some...

Metallosis is a health condition caused by the collection of metal particles within the soft tissues of the body. When a patient receives a metal-on-metal hip implant, the metal pieces rub together and cause these metal particles to be released into the body. Some health reports indicate that with every step, a metal hip impact produces between 100,000 and 1 million particles of debris. The immune system identifies them as foreign bodies and attacks. This causes inflammation in...

As reported by the New York Times earlier this year, Fresenius Medical Care failed to warn thousands of dialysis patients about the increased risk of cardiac arrest associated with the use of its products Granuflo and Naturalyte. Fresenius operates a number of dialysis clinics across the U.S., but it is also the leading supplier of dialysis products and equipment to other dialysis centers. In November 2011, Fresenius discovered a sharp increase in the number of patients suddenly dying...

Goodman and Amana air conditioning units are at the center of a new class action lawsuit. Apparently, the company knew its AC units were defective, but sold them anyway without warning consumers or issuing a recall. Products sold with inherent defects of this nature often violate product warranties issued by manufacturers. These warranties, by law, are intended to protect consumers when purchased products fail to perform as reasonable expected. In the case of defective central air units sold...

A recent national study suggests that nearly 75% of cell phone users that send and receive text messages have received unsolicited or "spam" text messages advertising or promoting products and/or services. Another study estimates that the number of unique commercial text messaging ad campaigns quadrupled in the first half of 2012, and that receipt of such messages increased 300% between 2011 and 2012. Consumers are protected from unsolicited commercial text messages by the Federal Act known as the...

After people were injured by "exploding toilets" the Consumer Products and Safety Commission ordered a recall of over 2.3 million Sloan Flushmate III toilets. This was a very popular toilet because of its of its powerful flush. The system, however, apparently was not strong enough to withstand the air and water pressure it created, causing the tank lid to rise and shatter the tank. There have already been over 300 flushmate problems reported involving toilets that have burst...

In recent years there has been an epidemic of valley fever in California and Arizona. Valley Fever Infection, coccidioidomycosis, is a disease caused by fungus which lives in the soil. It can be contracted by simply breathing in the dust in a contaminated area. Symptoms of valley fever include fever, aches, pains, coughing and running nose. Coalinga prison inmates and other prisoners in the San Joaquin Valley are at particularly high risk for valley fever. In 2005 inmates...

Mirena IUD, manufactured by Bayer, was approved by the FDA in 2000 as a contraceptive device recommended to women who have had at least one child. This small, t-shaped plastic device is inserted by a health care professional and can be left in place for up to five years. Among its marketing strategies for the Mirena IUD, Bayer held “Mirena Parties” for “busy moms” in connection with the social networking site Mom Central. At these gatherings, a representative...

[caption id="attachment_338" align="aligncenter" width="620"] On October 23, 2012, Audet and Partners, LLP filed a class action lawsuit against British Petroleum in Mexico City, Mexico.[/caption]Between April and July 2010, it is believed that the explosion of BP's Deepwater Horizon drilling rig resulted in leakage of some 4.9 million barrels of oil into the Gulf of Mexico. In a subsequent effort to cosmetically reduce the appearance of oil on the water surface, BP covered the oil spill with 1.9 million...

Audet & Partners, LLP is investigating allegations of wrongdoing connected to Bank of America “home loan modifications.” Based on information and belief, we are investigating allegations that Bank of America is mishandling such home loan modifications to existing home mortgages. According to our investigation, applicants are allegedly told to let their home loan (mortgage) lapse for three months to qualify for the program. Then, when the applicants attempt to qualify for the loan mod, they are told that they...

As part of our continuing commitment to our community, we have recently launched a new informational site for people who have been the victims of vehicle accidents. This free online resource is entitled Audet Accident Law Resources, and features a growing selection of free resources for people who have been in car/vehicle accidents. In addition to links to numerous legal and insurance resources, the site also features links to first aid information, and a growing list of local...

Audet & Partners, LLP founder William M. Audet will be speaking at an upcoming legal seminar on issues related to mobile web applications. The seminar is entitled DEVELOPING APPLICATIONS FOR MOBILE DEVICES: Legal, Business And Regulatory Developments, and further information about this seminar is here at this link. Designed for attorneys, business executives in the wireless, mobile device, applications development and venture capital industries, business consultants and governmental officials, this seminar will cover numerous topics, including the following: Industry update: Where...

As attorneys, and as members of our communities, we feel that it is important that all people have access to legal resources. One issue has been that many folks simply do not know what to do, or who to contact, should they need legal help. We are not an attorney referral service, however, we do often refer cases out to other qualified lawyers and firms, if the case is not something that our firm handles. As part of our commitment to educating...

Last week, the National Labor Relations Board (NLRB) ruled that it is illegal for employers to require their workers to sign mandatory arbitration agreements that prevent them from joining together to file class-action employment-related lawsuits. According to Alex Colvin of Cornell University School for Industrial and Labor Relations, 25 percent of nonunion employees are currently forced to sign mandatory arbitration agreements as a condition of employment that prevents them from filing class-action lawsuits. Read more: http://inthesetimes.com/working/entry/12506/workers_have_right_to_class-action_lawsuits_against_bosses_nlrb/

LOS ANGELES (AP) — UCLA’s system of hospitals and clinics warned more than 16,000 patients that their personal information was on a computer hard drive stolen in the burglary of a doctor’s home, officials said Friday. The UCLA Health System sent letters to the 16,288 patients affected, warning them of possible identity theft and giving them contact information for a data security company the system has enlisted for help. Read more: http://www.nytimes.com/2011/11/05/us/ucla-health-system-warns-about-stolen-records.html Audet and Partners, LLP is currently...

Audet & Partners, LLP is proud to announce that Attorney William M. Audet has been named “Super Lawyer" of the year for 2011. Mr. Audet was recognized for his significant work and multiple million dollar recoveries for his clients in personal injury, business and class action litigation. The award noted that Audet & Partners' top-tier status arises from the dedication and experience of founding partner William M. Audet. A copy of the reprint from Super Lawyers magazine can...

SOUTHEAST TEXAS - A Southeast Texas woman is among nearly 5 million military patients whose personal information might be compromised from a theft, a theft some are just now learning about. Two months ago someone stole the electronic records from a contractor's car in San Antonio. The data includes Social Security numbers, medical records and private information. Read more: http://www.kfdm.com/articles/records-45876-stolen-security.html#ixzz1fDu7GJdw Audet and Partners, LLP is currently investigating these claims.

The anti-platelet medication, Plavix (clopidogrel), has been linked to a deadly blood disorder, Thrombotic Thrombocytopenic Purpura. TTP is rare blood disorder in which blood clots form throughout the body’s small blood vessels, explained NewInferno. These clots can lead to significant problems if blood vessels are blocked and blood flow becomes limited to major organs, such as the brain, kidneys, and heart. Plavix is manufactured by Bristol-Myers Squibb. Read the rest of the article here: http://www.americas-watchdog.com/plavix-linked-to-life-threatening-blood-disorder/ If you or someone...

A computer containing more than 4 million patient records was stolen from Sutter Medical Foundation in mid-October. The computer contained the names, addresses and descriptions of diagnoses of patients dating back to 1995. Audet and Partners, LLP is currently investigating these claims. Please click here for the full article and visit our website for more information.

On Friday, November 18, 2011 US Food and Drug Administration (FDA) announced that it had pulled from the market the drug Avastin. Avastin is used for treatment of patients with metastatic breast cancer, however there is no evidence the drug is safe and effective for that use. Researchers said Avastin may increase a cancer patient's risk of having a fatal reaction to treatment when it is added to chemotherapy. Please visit our website www.Audetlaw.com for additional information.

Audet & Partners, LLP, attorney William M. Audet was recently appointed as co-interim lead counsel in a class action case against Google involving allegations of invasion of privacy on behalf of the class of android users. The firm was appointed by the Federal Court in the Northern District of California. A copy of the Court’s order can be found here. For more information about the firm and its work protecting consumers, visit the firm’s website at www.audetlaw.com

Attorney William M. Audet, founding partner of Audet & Partners, LLP, a plaintiffs only litigation firm, was recently named Super Lawyer for Northern California for the third straight year. The nomination is a merit based selection process. In addition, Mr. Audet was recently recognized as a Top Attorney in Northern California for his work in Class Actions and Mass Torts. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained...

Founding Audet & Partners, LLP attorney William M. Audet has been selected to speak at the 11th Annual Class Action/Mass Tort Symposium held in New Orleans on December 12, 2011. The Symposium is sponsored by the Louisiana state Bar Association. Mr. Audet will speak on the issue of resolution of large complex mass tort cases, a topic that Mr. Audet knows all to well based on his 20 plus years in this practice of law. More about Mr....

Audet & Partners, LLP recently filed a lawsuit for invasion of privacy in Federal Court against The Finish Line, Inc., a nationwide sports apparel retailer. The Complaint alleges, inter alia, that the company’s manager in the Milpitas, California store set up a hidden video camera in the change room and restroom to secretly record female employees. Finish Line responded to the lawsuit by filing a motion to dismiss the case from Federal Court, and to force the five...

Defendant Finish Line is a Delaware corporation with its principal place of business in Indianapolis, Indiana. Finish Line is a premium retailer of athletic shoes, apparel, and accessories. Currently, Finish Line owns and operates 660 stores in malls across the United States, including 44 stores throughout the state of California. On multiple occasions, between approximately December 2009 and April 2010, during regular business hours and while acting within the scope of his employment, Defendant Meyer secretly placed a...

The Law Firm of Audet & Partners, LLP is proud to announce that partner William M. Audet has again been selected to be featured in SuperLawyers Magazine. Super Lawyers magazine names attorneys in each state who received the highest point totals, as chosen by their peers and through the independent research. Rising Stars names the state's top up-and-coming attorneys. Super Lawyers magazine is published in all 50 states and reaches more than 13 million readers. Here is Mr....

If you or a loved one has been injured by a defective product or defective drug, one of the first things you should do (after getting medical treatment for the injury), is to contact an attorney. People who are harmed by defective products or defective drugs (or anything, for that matter) generally have certain legal rights, but those rights can sometimes be lost if the person who was harmed does not seek legal representation. Therefore, if you or a...

We are diligently working on a new website for http://AudetLaw.com. Our existing one is very good, but we wanted to take it up a notch or two, and make it even easier to use. Another thing that we are doing is really trying to integrate it with our Facebook and Twitter accounts. We realize that law firm websites are typically boring, and we are trying really hard to make ours interesting, useful, and dare we say it, fun....

We are proud to announce a new website that we have created. It is called (not surprisingly) "Propofol Lawsuit Information" and is located here: http://www.propofol-lawyer.com/ As you may know, Propofol / Diprivan has been in the news quite a bit recently, since it was allegedly involved in the death of Michael Jackson. What you may not know is that there have been various other alleged problems with it. Visit the site to learn more.

We are proud to announce that William Audet has again been chosen as a Super Lawyer, by Super Lawyers Magazine, a Thomson Reuters Publication. The selection process is quite detailed, and not every lawyer who is nominated is chosen. See http://www.superlawyers.com/about/selection_process.html for details. We at the firm are proud that Mr. Audet has again been chosen for this great honor.

Due to incredible demand for news about the Gulf Coast Oil Spill, we have created a new site that aggregates and summarizes relevant news stories about this tragic event. The new site is called "Oil Spill Today" and is located here: http://oilspilltoday.com/ It is our hope that this will become a leading source of information about the Gulf Coast Oil Spill.

FDA says studies on triclosan, used in sanitizers and soaps, raise concerns: "The Food and Drug Administration said recent research raises 'valid concerns' about the possible health effects of triclosan, an antibacterial chemical found in a growing number of liquid soaps, hand sanitizers, dishwashing liquids, shaving gels and even socks, workout clothes and toys." [WP]

We are proud to announce that we will be running four new TV campaigns in certain markets, starting the week of March 22, 2010. The purpose of these new campaigns will be to let more people know about our law firm, and also let them know about some of our larger cases. Here are the four campaigns:

$75 Million in Drugs Stolen in Dramatic Connecticut Heist: "Police have reviewed a surveillance video in hopes of finding clues to cracking the case of a brazen, Hollywood-style heist of $75 million worth of pharmaceutical drugs in Connecticut. Photo: $70M in Prescription Drugs Stolen in Conn. Heist: $70M in prescription drugs stolen in brazen Conn. heist; thieves rappelled into warehouse "The Eli Lilly and Company headquarters in Indianapolis is pictured in this Jan. 2006 file photo. Thieves staged...

New Anti-Perfume Rules in Detroit May Cause a Legal Stink: "Some Detroit workers will be forbidden from wearing scented products following a landmark court decision that sided with a woman who said her coworker's scents hindered her breathing, myfoxdetroit.com reported Tuesday." [Fox]

McCormick & Company Issues Recall for Salmonella: "McCormick & Company, Incorporated is initiating a recall of products manufactured with HVP (hydrolyzed vegetable protein) that were supplied by Basic Food Flavors of Las Vegas, Nevada, the U.S. Food and Drug Administration (FDA) just announced. The recall is being implemented because the ingredient has the potential to be contaminated with Salmonella." [NewsInferno]

Ethan Allen window shades recalled - UPI.com: "The U.S. Consumer Product Safety Commission announced a voluntary recall of Ethan Allen Roman window shades due to a strangulation hazard. The shades sold at Ethan Allen Design Centers from 1999 through 2009 include cords that pose a risk of strangulation to a child, the commission said in a statement." [UPI]

FDA comments on denture paste poisoning reports | Dallas - Fort Worth News | wfaa.com | Health News: "A spokesperson with the Food and Drug Administration now says they became concerned about the potential of zinc overload from denture adhesives early last year. The news comes after a five-year News 8 investigation into denture paste poisoning in which the FDA was contacted numerous times." [WFAA.com]

A Big, Fat Pimple for Accutane: $25 Million Loss for Roche: "An Atlantic City, N.J., jury has socked Swiss pharmaceutical giant Roche Holding AG with another big verdict involving its potent acne medication Accutane, this one to the tune of $25.16 million. That's how much the jury on Feb. 16 ordered the company to pay Andrew McCarrell, a computer technician from Birmingham, Ala., who took Accutane in his 20s and consequently developed inflammatory bowel disease, ultimately forcing him...

First AstraZeneca Seroquel Injury Trial To Start Monday - WSJ.com: "A New Jersey jury next week will be the first to hear accusations that AstraZeneca PLC's (AZN, ASN.LN) blockbuster antipsychotic drug Seroquel caused diabetes, and that the drug maker failed to properly warn of the risks. It will be the first public airing in one of the more high-profile sets of personal-injury lawsuits surrounding a major drug since Merck & Co.'s (MRK) Vioxx litigation in the mid-2000s. Seroquel...

Antidepressants: Best for Severe Depression?: "Some antidepressants may work best for people with very severe depression, according to a new analysis, but may provide little or no benefit over placebo for those with mild, moderate, or severe depression. ''For patients with very severe depression, the medication did have a potent effect compared to placebo,' says Jay C. Fournier, a psychology graduate student at the University of Pennsylvania, Philadelphia, and lead author of the analysis, published in the Journal...

Antidepressants raise risk of death and stroke in older women: "Older women taking certain types of antidepressants may be at increased risk of stroke, Webmd.com reported citing a new study. The study known as the Women's Health Initiative showed that postmenopausal women taking tricyclic or selective serotonin reuptake inhibitor (SSRI) antidepressants were 45 percent more likely to have stroke than those who did not take the drugs." [FoodConsumer.org]

DOJ: Forest promoted Celexa and Lexapro off-label - Medical Marketing and Media: "The Department of Justice (DOJ) is suing Forest Laboratories over the alleged promotion of Celexa and Lexapro off-label, for pediatric use. Forest also paid kickbacks to physicians in return for prescribing the drugs, the DOJ said in a statement. The allegations, filed in a Massachusetts federal court yesterday, claim Forest hoodwinked physicians by failing to properly disclose results of a negative study regarding Celexa. That study...

San Francisco, CA November 5, 2009: It was recently disclosed that there is currently a worldwide investigation into violations of antitrust laws and other anti-competitive practices into the market for optical disk drives. According to press reports, the U.S. Department of Justice has requested information from Sony regarding its optical disc drive business in what could be the start of an investigation into the entire industry. In addition, a class action suit was recently filed naming Sony, along...

As you may know, Apple sells songs online for its popular iPod music player. For years, Apple charged only .99 per song at its popular "iTunes" online store. Then, in April 2008, Apple decided to raise the price for some songs. Now some songs are .99 and some songs are $1.29. The problem with this is that numerous people purchased gift cards from Apple, expecting to pay only .99 per song. In fact, according to allegations in the...

"Most users see the advantage in having this information available -- but don't believe current online ratings are very reliable. Only a quarter of in-house #lawyers now use online information-sharing sites to evaluate and select lawyers and law firms. What's more, in-house counsel are not yet convinced that such sites would help them hire lawyers. These are the findings of a survey just released by LexisNexis Martindale-Hubbell. The company acknowledged it conducted the research to enhance and publicize...

"The lawyer-referral site LawFirms.com wanted to build buzz for #immigration lawyers through a social-media marketing campaign. So it decided that the best way to do that was to poke fun at illegal immigrants and the so-called coyotes who profit by smuggling them across the desert into the United States." [Law.com] More at: http://bit.ly/bZDSi

#swineflu "A fight broke out Thursday at a Reno, Nev., clinic giving shots for swine flu when someone reportedly tried to cut in line. Washoe County Health District spokeswoman Judy Davis says she didn't have any details of the incident, but it involved people in high-risk groups waiting for a chance to get the shot. A witness told the Reno Gazette-Journal that a man took a swing at a woman, then jumped on her and they fell to...

"A Sacramento County jury has awarded $16.5 million to the family of a 28-year-old woman who died after participating in a radio station's water-drinking contest. Jennifer Strange, a mother of three, died of acute water intoxication in January 2007 after the challenge to see which contestant could drink the most water without going to the bathroom. A Nintendo Wii video game system was the prize for winning the 'Hold Your Wee for a Wii' contest. On Thursday, jurors...

#drugs Compromised Care: Psychotropic drugs given to nursing home patients without cause -- chicagotribune.com: "Frail and vulnerable residents of nursing homes throughout Illinois are being dosed with powerful psychotropic drugs, leading to tremors, dangerous lethargy and a higher risk of harmful falls or even death, a Tribune investigation has found. Thousands of elderly and disabled people have been affected, many of them drugged without their consent or without a legitimate psychiatric diagnosis that would justify treatment, state and...

#drugs Companies Race To Bring Diet Drugs To Market - NPR Health Blog : NPR: "In the battle against obesity, doctors and patients are short on weapons. Eating better and exercising more are, of course, the best first choices for shrinking one's waistline. But often they're not enough to get the job done, and stomach-shrinking surgery remains a daunting and costly option. Now, three small drugmakers are looking to boost the odds of success for dieters with a...

Antipsychotic Drugs Add To Kids' Weight - NPR Health Blog : NPR: "Antipsychotic drugs used in kids can carry a steep health cost. Many children gain an unhealthy amount of weight after just a few months on the medicines. Research just published in JAMA found the drugs led to weight gains ranging from about 10 to 19 pounds, depending on the medicine, in about 11 weeks. The analysis looked at popular brand-name drugs Abilify, Risperdal, Seroquel and Zyprexa."...

"According to a study published this month in The Lancet, alcohol and tobacco rank among the ten most dangerous substances used by humans. Both alcohol and tobacco have been assessed to be more dangerous than illegal drugs like marijuana or ecstasy." More http://bit.ly/dUR3f.

Strange trial twist: witness becomes a murder suspect himself | Breaking News from the Press-Register - al.com: "A New Orleans man who came to Mobile to testify as a defense witness in a murder trial was himself implicated in the crime during testimony and arrested Thursday afternoon at Mobile Government Plaza, Mobile police said." [AL.com]

The Associated Press: New penalty phase in case of man stabbed 193 times: "The Texas Court of Criminal Appeals on Wednesday threw out a 25-year prison sentence given to a woman convicted of killing her husband by him up and stabbing him 193 times. Susan Wright, now 33, was convicted in March 2004 of killing her 34-year-old husband Jeffrey. She buried his body in a hole in the yard of their Harris County home that he had dug...

Audet & Partners, LLP, a San Francisco, California-based trial law firm, was the first to file a complaint against Genentech arising out of the recently announced withdrawal of Raptiva medication. Filed in Alameda Superior Court, the complaint seeks general and punitive damages. More info: http://bit.ly/1GSsyZ

Reglan (metoclopramide) is a drug manufactured by Baxter Healthcare Corporation. It was first approved for use in the U.S. in 1980. It is prescribed for digestive-tract problems such as reflux, delayed stomach emptying and nausea. Although doctors were warned early on that this drug could cause a serious neurological disorder, it took the Food and Drug Administration years to issue a black-box warning about this complication. Read more: http://bit.ly/m4XNJ

Newark woman sues maker of Yaz birth control - Inside Bay Area: "A 39-year-old Newark woman has filed a lawsuit this week against Bayer Corp., blaming its popular birth control product Yaz for causing her stroke and other related health issues. Susan Galinis, the mother of 3-year-old twin girls, took the prescription-only product for four weeks in the summer of 2008, and wound up suffering a stroke that caused her to be hospitalized for six months, said her...

About Us

Subject to the applicable rules, laws, and regulations, the Law Firm of Audet & Partners, LLP is a national law firm, and seeks to provide experienced legal representation to our clients throughout the United States. Our attorney team represents legal clients in class action lawsuits, personal injury law suits and related legal matters, and other types of law and litigation.